Revolutionise Indian Legal System - Justice delayed is Justice denied

Revolutionise Indian Legal System - Justice delayed is Justice denied

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Khanjan Chhaya started this petition to Ravi Shankar Prasad (Minister of Law and Justice of India)

Shri Ravi Shankar Prasad, Hon'ble Minster of Law & Justice of India,

I have got occasions to experience Indian legal system at a few instances, thus, I believe I can write this petition to you and share my experience. You, being a renowned senior lawyer, are privy to the reality and I do not thing myself to be in a better position to bring anything new to your knowledge.

India has perhaps much stronger laws when compared with other developing countries, however, the implementation is a BIG question mark followed by sluggish judiciary system which takes years to deliver justice. It takes more than 10+ years in any lower court, more than 5 years in board of nominees and other lower judiciaries like registrars of co-operative societies etc. The journey for any complainant is so painful in the entire process that hardly leaves any motivation for anyone to take the help of the legal system.

The delay is primarily due to non-availability of benches of courts or judicial officers to hear matters coupled with a series of adornments that prolong a matter for years together. In one of the matters that I have filed, it is observed that benches do not function for several months together. In another case, the judicial official just attends the office for a couple of hours. How can we have an effective legal system with such situation? 

As per The World Justice Project Rule of Law Index® 2019, India is placed at 68th rank among 126 countries surveyed. The Report measures countries’ rule of law performance across eight factors: Constraints on Government Powers, Absence of Corruption, Open Government, Fundamental Rights, Order and Security, Regulatory Enforcement, Civil Justice, and Criminal Justice. This is an indicator of how India is faring across the globe. 

It is high time, we bring in efficiency and accountability in legal system. I do not find any reason why performance appraisal should not be in place in the most important function of implementing the rule of law in India that can bring radical social and economical changes. Today, criminals and offenders hardly fear law. These anti-national elements get away with their evils due to poor judiciary and rampant corruption in the system.

I wish to congratulate you and the the Modi Government on starting efforts in this direction. Recently, I have read that Niti Aayog is working on the proposal to bring transparency in the legal system. The Economic Times report dated May 7, 2019  says that there are 28 million pending cases presently. The said report also quoted Niti Aayog's strategy document that it will take 324 years just to clear the present case backlog at the current rate of disposal. Probably, due to such reasons only, many prefer to take the law in hands rather than to rely on our legal system.

It is said that "Justice delayed is Justice denied" and I endorse it. Honestly, after a few encounters with the Indian legal system, I have decided not to get into it anymore. Fast and fair justice is the fundamental right of any citizen under the Indian Constitution. The delays have shaken the faith in and the confidence of people of India from Indian judiciary. I do not wish to pass on such heritage to my child.  I want a strong and high headed India, having best judiciary in the world that delivers justice in no time. Let the world know that India is the last country to spare you if you don't follow the law of the land. This will break the vicious cycle of crime and reduce the crime rate to a substantial extent and will facilitate honest offsprings with high moral values. 

I know this is a long process and will take many years but small initiatives bring major change. I am writing this petition as I have full faith in the commitment and patriotism of the present Government.

I am not sure if this is the right way to represent myself but may be this is the only mode that helps me know if my fellow Indians feel the same agony and anger and then reach out to you with merits.

Committed to do my bit to introduce a change!

Thank you,
Khanjan Chhaya

I urge all my fellow Indians to sign and share this petition. Let’s make sure that the present Government gets our full support in bringing reform and revolution in the Indian legal system and makes India a better and safer place to live.

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